City, property owner in tiff over curb construction

Thursday

Jan 24, 2013 at 2:30 PM

A recent curbs and gutter installation project on a segment of South Norma Street raised some prickly concerns Tuesday when a property owner took issue with the activity happening outside her property.Ridgecrest resident Sandi Wohl said she found despite three years of disputing the matter, construction was proceeding with plans to install a sidewalk, curbs and gutters, which meant going through a few patches of cacti and setting her chain link fence back.“They need legal documentation of ownership and they don’t have it,” Wohl, who says she worked 21 years as a documentation specialist, said.

By Jack Barnwelljbarnwell@ridgecrestca.com

Wohl, who said her house property was purchased by her parents in 1953, said the city did not have the right-of-way to inset a sidewalk or move her fence line.The project, according to City Engineer Loren Culp, is part of the federally-funded Safe Routes to School project. The project is meant to create a safe corridor to schools that fall in compliance with the American with Disabilities Act.“They told me they were going to continue with the project,” Wohl said.Wohl said that the horticultural experts had come out to the property to examine the cacti after she believed they were endangered plants, and then received a letter explaining the city would help relocate the plants.“I never got the report,” she said. “They’re pulling out the fence post and destroying the cactus.”The letter written by Culp, dated Nov. 15, 2012, indicates that the project was out for bid and would impact improvements in the city’s right-of-way. Culp’s letter also indicated the construction would include a chain link fence location as well as relocation of the plants.“The contractor will provide a qualified plant specialist to direct and supervise the relocation of the plants and to provide instruction for care of the plants after they are relocated,” the letter states.Culp confirmed Tuesday via email that the project was going ahead.“The City is proceeding with the construction and additionally attempting to relocate the plants to retain the character of the property owners’ frontage,” Culp said.A patch of cacti and other plants sit in front of the half-acre property on South Norma, leaving sidewalk incomplete on either side.Culp said this was linked to Wohl’s dispute from a prior project on Norma Street.“A prior 2009 construction project funded by the County’s Community Development Block Grant omitted a portion of work at 205 S. Norma Street due to claims made by the property owner that the right of way had not been acquired and the existing plants were a protected species and had historical significance,” Culp said.According to Culp, the claims were determined to be unnecessary.“Engineering and Biological Consultants along with Legal Staff have since determined that no additional right of way is necessary in order to construct the improvements and that the existing plants are not endangered, or protected species and have no historical significance,” he said.However, Wohl disagrees given the date the house and property were purchased. “When the property was purchased, the city was not incorporated yet,” she said.She said while the city said the right-of-way was marked on a map, that didn’t necessitate ownership, and felt she was being bullied because her family was low-income.Wohl indicated that she had spoken with the city engineer at several intervals regarding the situation. When asked if she had contacted the city manager’s office or city council, she said she had not.“I was going to get an attorney, but I couldn’t afford the retainer,” she said. “I’m not going to be bullied.”Wohl did point out the project itself wasn’t the issue.“I don’t object to the project, just the way they’re doing it,” Wohl said. “I just want to be reimbursed for the property they’re using.”